QuestionsQuestions (IPO OFFICE ORDER NO. 13-169)
The title is “Rules on Resolution of Public Performance Disputes.” It covers the resolution of disputes relating to the terms of a license involving the author’s right to public performance or other communication of his work.
An “Author” is the natural person who created the work.
It means any communication to the public, including broadcasting/rebroadcasting/retransmitting by cable, broadcasting and retransmitting by satellite, and making a work available to the public by wire or wireless means so that members of the public may access it from a place and time individually chosen by them.
The “Bureau” means the Bureau of Copyright and Other Related Rights of the Intellectual Property Office.
The Director of the Bureau of Copyright and Other Related Rights exercises original jurisdiction.
The Director General has exclusive appellate jurisdiction over cases brought before the Director, i.e., decisions of the Director.
Any aggrieved party may file a complaint with the Bureau upon payment of the required filing fee.
It must be in writing and state: (a) name and address of complainant and respondent; (b) brief statement of nature of the complaint; (c) demands or reliefs sought; and (d) verification and certification of non-forum shopping.
If any party elects to avail of Civil Code consignation with respect to the royalty or sum of money involved, the complainant must submit a certified copy of the Contract of Escrow to the Bureau.
Within ten (10) days from receipt of the complaint (as served with the Notice to Answer).
No. Section 8 explicitly states: “No motion to dismiss shall be allowed.”
Within three (3) days from receipt of the answer or last pleading, the Director refers the case to the Alternative Dispute Resolution Service for mediation.
The Director renders a judgment based on compromise.
The Director orders the parties to submit their respective memoranda attaching all evidence within ten (10) days from receipt of the order.
If necessary, the Hearing Officer may call the parties to a clarificatory hearing within ten (10) days from receipt of the last memorandum.
Within thirty (30) days after receipt of the last memorandum or after the clarificatory hearing.
It becomes final and executory fifteen (15) days after receipt of a copy by the parties unless within that period a motion for reconsideration is filed with the Director or an appeal is perfected to the Director General by filing a notice of appeal and paying the required fee.
Only one motion for reconsideration is allowed. If denied, the movant must file the appeal within the remaining balance of the period he still had at the time he filed the motion.
For non-audiovisual works: recitation, playing, dancing, acting, or otherwise performing, directly or by device/process. For audiovisual works: showing images in sequence and making the accompanying sounds audible. For sound recordings: making recorded sounds audible at places where persons outside the normal circle of a family may be present (same or different time/place), without requiring communication as defined under “communication to the public.”